What To Expect at a Bail Hearing?

If you, a loved one, or a friend is in custody following an arrest, you should know what to expect at a bail hearing. 

Why Are Bail Hearings Necessary?

The bail hearing process determines whether the accused will be released from detention while awaiting trial. The Canadian Charter of Rights and the Criminal Code apply in all bail hearings.

Preparing for a Bail Hearing

Success at a bail hearing requires careful preparation. Your defence lawyer prepares court documents in advance, consults with you about locating an acceptable surety for an expected bond, and prepares a proper release plan in advance. 

The release plan assures the court that the accused is fully aware of release conditions and upcoming court appearances. An experienced defence lawyer knows how to properly structure a proposed release plan to comply with the law and satisfy a judge’s questions and concerns.

What Happens at a Bail Hearing

Wondering what to expect at a bail hearing? During the bail hearing, your defence lawyer will present legal and practical arguments on your behalf in support of your proposed release plan. The prosecution presents evidence and makes arguments either supporting or opposing your proposed release plan. 

The evidence presented at bail hearings typically focuses on the most important bail considerations, including the defendant’s:

1. Background and employment and family responsibilities
2. Criminal record
3. Ability to post acceptable bond surety for release 

Grounds Considered by the Judge

The judge considers several factors in making a bail decision.

Primary Grounds

The judge must evaluate the risk that the defendant will not attend all future court hearings, as well as the defendant’s character, criminal history, and connections with the local community.

Secondary Grounds

The judge should also consider whether the accused threatens public safety and the nature and severity of the alleged crime 

Other Grounds

The law directs the judge to make a decision that maintains the public’s confidence in the legal system as they consider the strength of the evidence presented and the nature of the alleged crime.

What Happens After a Bail Hearing

After the hearing, the judge can approve bail immediately with specified conditions. Some bail conditions involve house arrest, checking in with sureties, and other rules the judge can impose.

If the judge denies bail, the accused remains in custody. In appropriate cases, the accused can ask for bail review or appeal the judge’s decision.

Contact Passi & Patel for Professional Legal Representation

Your criminal defence lawyer fulfills a critical role at your bail hearing. They prepare court documents, gather and review evidence, and develop a logical strategy to advocate for your release before trial. After the bail hearing judicial process, your lawyer will consult with you about the release conditions you face and how to prepare for trial. Passi & Patel is here to assist you in knowing what to expect at a bail hearing, as well as your defendant rights. 

Call us today at (905) 459-0004. Our experienced and compassionate lawyers are ready to help at all steps of your criminal defence case.